Prakash Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.4751 of 2015 Prakash Yadav, aged about 31 years, son of Ramesh Yadav, Caste Yadav, Resident of Quarter No.E/18, Forest Colony, Kosabadi Korba, Police Chowki Rampur, Revenue and Civil District Korba (CG) ---Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Police Station Syang, Korba, Revenue and Civil District Korba (CG) ---Non-applicant For Applicant :

Mr. R.S.Baghel, Advocate For Non-applicant :

Mr. O.P.Sahu, Government Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 09/09/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.6/2015, registered at Police StationSyang, District-Korba (C.G.), for the offence punishable under Section 420/34 of the IPC.

2.

Case of the prosecution, in brief, is that the applicant being an employee of Choice Center entrusted with the responsibility of preparation of Aadhar Card and obtained Rs.10,500/- in the month of June-August, 2015 from the villagers for preparation and issuance of Aadhar Card and thereby committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely been implicated in crime in question. He would further submit that he is only employee of Choice Center and not more than that, he is in custody since 20.8.2015 and charge-sheet has

not been filed, and therefore, he may be enlarged on bail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; defence of the applicant and his pre-trial detention, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-